Be Careful when Counting Mandatory Overtime as Leave Under FMLA

OMA Connections Partner, Frantz Ward, posts that the issue of calculating mandatory overtime as part of an employee’s FMLA leave entitlement was recently addressed by the United States Court of Appeals for the Eighth Circuit in Hernandez v. Bridgestone Ams. Tire Operations.

In the case, “… the Court held that employer … had improperly interfered with the employee’s FMLA rights because, in calculating the number of hours to which the employee was entitled under FMLA, the employer did not include mandatory overtime.”